No charges filed against husband in marijuana case

Published: Tuesday, April 2, 2013 at 3:41 p.m.

Last Modified: Tuesday, April 2, 2013 at 6:41 p.m.

PARRISH - Prosecutors declined Tuesday to press charges against Robert Jordan for cultivating marijuana plants, which he said were to treat his wife Cathy's illness.

The State Attorney's Office announced that it believed Jordan could successfully mount a medical necessity defense in court. The Jordans' home was raided by the Manatee County Sheriff's Office in February, after a tip that there were two marijuana plants growing in their backyard.

The Jordans have lobbied in Tallahassee for marijuana legalization for years, spending even more time talking with state lawmakers after the raid about the bill named for Cathy Jordan. Cathy Jordan, 62, has used marijuana for years to control the symptoms of amyotrophic lateral sclerosis, or ALS. The president of the Florida Cannabis Action Network, Cathy Jordan “does more in that wheelchair than most people do,” her husband has said.

“They're ecstatic, they're happy and they feel like they did the right thing,” said Michael Minardi, the attorney representing Jordan. Minardi, who founded the nonprofit I'm a Patient Not a Criminal, said he hopes the move helps Florida join the 18 other states and Washington, D.C., in recognizing that cannabis has medical uses.

“From what I know about ALS, she's kind of a miracle," Minardi said. “When a woman tells you she's outlived four or five of her support groups, let her continue the treatment.”

Manatee County deputies did not arrest Cathy or Robert Jordan, 64, when they confiscated the plants but referred the case to prosecutors. Robert Jordan, not his wife, was listed in the case for potential cultivation charges.

In a memo to the Sheriff's Office on Tuesday, prosecutors explained their decision to take no action in the case, after weeks of reviewing documents and negotiating. The investigation confirmed that as Robert Jordan claimed, he was growing the cannabis exclusively for his wife's use, they said.

“He didn't have pounds of marijuana,” said Brian Iten, the assistant state attorney who reviewed Jordan's case. “He certainly didn't reach the criteria for trafficking.”

In his 18 years as a prosecutor, Iten said it was the first case he had seen for which there was sufficient evidence to present a medical necessity defense. He said the medical records presented to document Cathy Jordan's illness and treatment dated back for years.

ALS, also known as Lou Gehrig's disease, is a neurodegenerative condition that is incurable and often progresses rapidly. Pennsylvania Dr. Denis Petro, who last examined Cathy Jordan in 2011, told prosecutors that the standard drugs for treating the symptoms of ALS, which may include muscle weakness or spasms and loss of appetite, can be very dangerous and have serious side effects that may lead to the patient's death.

Minardi said the medical records the Jordans kept was unusual for most people, who are afraid to talk with their doctor about marijuana use for fear of being refused other treatment or medication.

Her medical records and Petro demonstrated that she had no alternative treatment available and that not treating her illness would be worse than breaking the law in her case, said Iten in the memo, satisfying two main criteria of the defense.

Iten said Cathy Jordan's doctor had argued that although it was breaking the law, continuing to allow her to use marijuana to manage her illness was “the lesser of two evils.”

While Florida lawmakers have never approved marijuana for medical purposes, state courts began recognizing the medical necessity defense applied in rare marijuana cases more than 20 years ago.

<p><em>PARRISH</em> - Prosecutors declined Tuesday to press charges against Robert Jordan for cultivating marijuana plants, which he said were to treat his wife Cathy's illness.</p><p>The State Attorney's Office announced that it believed Jordan could successfully mount a medical necessity defense in court. The Jordans' home was raided by the Manatee County Sheriff's Office in February, after a tip that there were two marijuana plants growing in their backyard.</p><p>The Jordans have lobbied in Tallahassee for marijuana legalization for years, spending even more time talking with state lawmakers after the raid about the bill named for Cathy Jordan. Cathy Jordan, 62, has used marijuana for years to control the symptoms of amyotrophic lateral sclerosis, or ALS. The president of the Florida Cannabis Action Network, Cathy Jordan “does more in that wheelchair than most people do,” her husband has said.</p><p>“They're ecstatic, they're happy and they feel like they did the right thing,” said Michael Minardi, the attorney representing Jordan. Minardi, who founded the nonprofit I'm a Patient Not a Criminal, said he hopes the move helps Florida join the 18 other states and Washington, D.C., in recognizing that cannabis has medical uses.</p><p>“From what I know about ALS, she's kind of a miracle," Minardi said. “When a woman tells you she's outlived four or five of her support groups, let her continue the treatment.”</p><p>Manatee County deputies did not arrest Cathy or Robert Jordan, 64, when they confiscated the plants but referred the case to prosecutors. Robert Jordan, not his wife, was listed in the case for potential cultivation charges.</p><p>In a memo to the Sheriff's Office on Tuesday, prosecutors explained their decision to take no action in the case, after weeks of reviewing documents and negotiating. The investigation confirmed that as Robert Jordan claimed, he was growing the cannabis exclusively for his wife's use, they said.</p><p>“He didn't have pounds of marijuana,” said Brian Iten, the assistant state attorney who reviewed Jordan's case. “He certainly didn't reach the criteria for trafficking.”</p><p>In his 18 years as a prosecutor, Iten said it was the first case he had seen for which there was sufficient evidence to present a medical necessity defense. He said the medical records presented to document Cathy Jordan's illness and treatment dated back for years.</p><p>ALS, also known as Lou Gehrig's disease, is a neurodegenerative condition that is incurable and often progresses rapidly. Pennsylvania Dr. Denis Petro, who last examined Cathy Jordan in 2011, told prosecutors that the standard drugs for treating the symptoms of ALS, which may include muscle weakness or spasms and loss of appetite, can be very dangerous and have serious side effects that may lead to the patient's death. </p><p>Minardi said the medical records the Jordans kept was unusual for most people, who are afraid to talk with their doctor about marijuana use for fear of being refused other treatment or medication. </p><p>Her medical records and Petro demonstrated that she had no alternative treatment available and that not treating her illness would be worse than breaking the law in her case, said Iten in the memo, satisfying two main criteria of the defense.</p><p>Iten said Cathy Jordan's doctor had argued that although it was breaking the law, continuing to allow her to use marijuana to manage her illness was “the lesser of two evils.”</p><p>While Florida lawmakers have never approved marijuana for medical purposes, state courts began recognizing the medical necessity defense applied in rare marijuana cases more than 20 years ago.</p>